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LLHAA Conference Abstracts

Following is a list of all abstracts with summary accepted for presentation at the Law, Literature and Humanities Association of Australasia (LLHAA) 2019 Annual Conference. Abstracts are sorted alphabetically by paper title. Click on the title or ‘read more’ link to see full information.  You can also locate papers by using the A-Z index of all abstracts by title or the A-Z index of all authors and institutions

The Law of the Serpent: Te Nakahi and the Re-Storying of Sovereignty in Aotearoa/New Zealand

Jonathan Harlen Southern Cross University Following the 2015 Waitangi Tribunal report, He Whakaputanga me Te Tiriti, which concluded that Maori did not cede sovereignty to Great Britain upon signing the Treaty of Waitangi in 1840,  new constitutional narratives are being explored in Aoteoroa/New Zealand which challenge the doctrine of exclusive parliamentary sovereignty maintained by the Crown, and which also to re-imagine the nation's founding law  for genuinely plural spaces to be developed,...

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The Most Lupine of the Wolves of Wall Street?  Jeff Koons and Artistic Practice as Hedge Fund Capitalism

Dr Jonathan Barrett SACL, Victoria University of Wellington Peter Schjeldahl corrects the common perception of Jeff Koons being the Devil – ‘he is really only a subaltern demon: Beelzebub, Satan’s minister without portfolio at large. Koons attends to details of the Evil One’s plan.’ Why does Koons attract such opprobrium? Holding the title of the world’s most expensive living artist is sure to attract envious detraction but David Hockney’s paintings garner similar prices yet, in his homeland...

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The Neoliberal Revelation

Dr James Gilchrist Stewart Adelaide University / Flinders University This paper argues that we are in the midst of a neoliberal apocalypse; issues of uneasiness and questions on the role of law directly relate to this current status. Focusing on the root of apocalypse as revelation, this paper argues that a shift to homo oeconimus was first revealed in the 1980s and continues to spread. This paper follows Jacques Derrida’s interrogation of definitive ends through a triptych of media: They Live...

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The New Advocate and the Fate of Jurists

Dr Edward Mussawir Griffith University What expertise belongs to law and the humanities?  This paper looks at Franz Kafka’s The New Advocate, the story of Dr Bucephalus, Alexander the Great’s former war-horse, and his becoming admitted to practice and to study the law.  In reading this text, an argument is made for understanding jurisprudence as the source of an expertise that, rather than treated as interdisciplinary in relation to the humanities, can only be gained by quiet study. Ed...

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The Other that Lurks Within

Dr Susan Bird CQ University Themes of the alien Other are some of the most ubiquitous and enduring in science fiction.  A common narrative includes a depiction of ordinary suburban life infiltrated by alien shapeshifters cleverly disguised as humans.  The all-too-real threat of these humanoid beings is revealed in their superior intelligence and technology, our inability to determine their (almost always malevolent) intent, and perhaps most terrifyingly, their shapeshifting ability to be at...

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The Role of Legal Transplantation within Manumission Law and other Ameliorative Measures

Justine Collins Max Planck Institute for European Legal History Prior to organized legal mechanisms by colonial legislators and English Parliament concerning emancipatory measures, certain members of the planter class throughout the colonies chose to manumit their slaves via various mechanisms of their own, through their own efforts, based chiefly on personal sentiments. These measures were a ‘mixity’ of laws adopted from medieval English society, English Property Law and innovative...

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The Social Licence to Operate and Government Business Enterprises

Dr Manuel Jose Oyson CQUniversity Australia The ASX Corporate Governance Council recently consulted on proposals to revise principle 3 of the ASX Corporate Governance Principles and Recommendations (CGPR) in order to recognise the “fundamental importance of a listed entity’s social licence to operate” and the need for it to act in lawful, ethical and socially responsible manner to preserve that licence. However, because of strong opposition, this proposal was eventually abandoned in the 4th...

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The Tank Stream: The Hidden River that Continues to Shape a Nation

Dr Olivia Barr University of Melbourne On 26 January 1788 a flag was planted. Each year this day is mourned, celebrated, protested and debated. We know what happened and when, but where exactly was the flag planted, and why? I argue it is worth bending our vision to look around the apocalyptic freeze-frame moment of a flag planted with such iconic legal violence in 1788, and its misleading projections of legal finality, and notice the easily-overlooked backdrop: the body of water now known as...

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The Use of Law to Create and Scapegoat an ‘Other’ Intrinsic to Authoritarianism

Dr Tamsin Paige Deakin Law School The use of the law to create an ‘other’ who is then used as a scapegoat for society’s problems is a common tactic of governments that lean towards authoritarianism, in reality and in fiction. While this is a well-established trope in literature, each generation updates it in response to the issues faced in contemporary society. This paper seeks to understand contemporary responses to the rise of authoritarian, fear driven politics that rely on using law to...

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The Work of Acknowledgment: Loud Fence, Ballarat and the Aftermath of Institutional Child Sexual Abuse

[icon name="home" class="" unprefixed_class=""] Memorialisation after Catastrophe: On Law, Loss and Collective Reckoning Panel Home Dr Dave McDonald The University of Melbourne Since the 1980s, the breadth and scale of institutional child sexual abuse has become increasingly apparent. While the impact of this has been felt at both international and national levels, in some places it has also had a particularly indelible effect at the local level. In Australia, one of the sites most...

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Time Is What Comes After The End: Sergiu Celibidache and Time in Law and Music

Mr Rudolf Ondrich PhD Student, Griffith University This paper will examine how the Romanian-born German conductor Sergiu Celibidache shapes and manipulates time in both music and the law. I will look in tandem at his philosophy of music and how it relates to the philosophy of law, as well as examine the protracted legal proceedings between himself and the principal trombonist of the Munich Philharmonic Orchestra Abbie Conant (who alleged sexual discrimination against the orchestra). In both...

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To those who are no longer here: Art, law and authority after the Khmer Rouge

Dr Maria Elander La Trobe University The sculpture A ceux qui ne sont plus là (For Those Who Are No Longer Here) by Cambodian-French artist Séra is a reparation awarded by the Khmer Rouge Tribunal in commemoration of the forced evacuation of Phnom Penh in April 1975. For the artist, the sculpture is both to comment on a personal experience of loss and ‘in homage to all the victims.’ Erected in 2017 at a busy intersection in Phnom Penh, it was also meant to comment on the continued movement to...

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Truth as victim: the implications of news reporting and political discourse within social media narratives

Associate Professor Cassandra Sharp University of Wollongong Contemporary events, conflicts and ideas are instantly disseminated and played out globally via digital content. At a time when knowledge seems infinitely accessible, the concept of objective truth has become negotiable and is diminishing in value. In a so-called post-truth world, facts are less influential in shaping public opinion than emotion, and telling the truth seems revolutionary. This is no less true than in political and...

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Tyrant, Teller, and Traitor: The contesting legal feminisms of the Mad Max franchise

Keelan Parker Southern Cross University 2015’s Mad Max: Fury Road is a celebrated piece of Australian film, widely credited with being a powerful feminist statement and recontextualization of toxic masculinity into a form suited for popular digestion. However, it also overshadows its predecessor, the equally widely maligned Beyond Thunderdome, which this presentation will seek to demonstrate is in fact a more sophisticated rumination on feminist theories and the politics of feminist legal...

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We Are So F**ked (Sorry Not Sorry)

Dr Nicole Rogers Southern Cross University OH MY GODDDD. LOL. We are so f**ked. Sorry not sorry. I can’t. Even. Breathe. Literally. The scientists are, like, everything is f**ked up. I can’t deal. Swear to God. How do people survive such things. This is the worst. I feel so bad. The planet is going to die. SCREAMING. Honest to God at this point I want to move into my mum’s basement and seal the windows and stop adulting. F**k my actual life. I’m breaking out in hives. Slam them into the...

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We Ate the Island: Australia, Nauru and Project Banaba

 Still Lives: Mining Myopia Panel Home Associate Professor Mandy Treagus University of Adelaide This paper concerns not so much ore – there is no rich seam of metal involved in this story – but rather core. It is a core that should stick in our throats, as it involved taking almost all of the soil of a remote Pacific island in order to support and expand agricultural enterprises in Australia. We grew our food on it, while literally taking the land away from Nauruans, reducing their capacity to...

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What is a Document? Australian First Nations peoples’ use of legal documentary practices

Dr Trish Luker University of Technology Sydney In May 2017, over 250 First Nations delegates gathered at the National Constitutional Convention at Mutitjulu on Anangu lands, and produced the ‘Uluru Statement from the Heart’. The statement calls for the establishment of a Makarrata Commission, a First Nations voice enshrined in the Constitution. The statement was brought into life over three days of discussion, accompanied by songs of country. It was produced as a canvas document with painting...

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What is Real – Latour in Laboratory Life and now Down to Earth?

[icon name="home" class="" unprefixed_class=""] What is Real about Science, Technology and Law Panel Home Professor Charles Lawson Griffith University Dr Michelle Rourke CSIRO Synthetic Biology Future Science Fellow, Griffith University In Laboratory Life Bruno Latour entranced us with the insight that “the (mere) process of literary inscription which make the fact possible” (p 76) was actually something socially constructed: “By contrast, we do not conceive of scientists using various...

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What is Real about Science, Technology and Law (PANEL HOME)

Professor Kieran Tranter Queensland University of Technology (QUT) Dr Edwin Bikundo Griffith University Professor David Caudill Villanova University Professor Charles Lawson Griffith University In 2018 both Bruno Latour and Giorgio Agamben published books addressing the epistemological crisis.[1] Climate skepticism, false news and social media echo chambers have led to a profound, divisive and ugly politicisation of knowledge in the West. Latour and Agamben both respond and attempt to...

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What is the carceral in how are you today?

[icon name="home" class="" unprefixed_class=""] how are you today: What can we hear beyond crisis, sound, and the carceral on Manus? Panel Home Dr Emma Russell La Trobe University As an archive, how are you today reflects a regime of border entrapment that does not look or sound like we expect it to. The prior structure of Manus prison has been forcibly abandoned, but its violent carceral logics have not. Far from the classic notion of the prison as ‘total institution’, confinement on Manus...

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Words as Deeds. Tracing Faust’s influences on Giorgio Agamben

Dr Edwin Bikundo Griffith Law School In the secondary literature on Agamben Goethe is rarely an explicit association. As a great philosophical poet and tremendously concerned with language however, Goethe’s work could not have failed to capture Agamben’s attention especially given his sustained interest in poetry. Indeed, Agamben directly references Goethe in at least seven works including Creation and Anarchy, The Kingdom and the Glory, Homo Sacer, Potentialities, The Signature of All Things,...

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You Cun’t Say That! Unpacking Myths that Inform Judicial Attitudes Towards the C-Word

Dr Elyse Methven University of Technology Sydney This paper examines judicial attitudes towards the swear word ‘cunt’ in Australian criminal law jurisprudence. It critiques these attitudes with regard to the concept of language ideologies – taken-for-granted assumptions about how language works, and sociolinguistic literature on swearing. The legal offensiveness of the ‘c-word’ has once again come under the spotlight following the arrest earlier this year of 75-year-old activist Danny Lim at a...

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